USA v. Alexis Arevalo
UNPUBLISHED OPINION FILED. [16-20112 Affirmed] Judge: TMR, Judge: PRO, Judge: JWE. Mandate pull date is 05/23/2017 for Appellant Alexis Geovani Arevalo [16-20112]
Date Filed: 05/02/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
May 2, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA,
ALEXIS GEOVANI AREVALO, also known as Alexis Arevalo, also known as
Alexis Giovani Escobar Arevalo,
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:15-CR-501-1
Before REAVLEY, OWEN, and ELROD, Circuit Judges.
PER CURIAM: *
Alexis Geovani Arevalo appeals his 35-month prison sentence for
illegally reentering the United States after deportation following a felony
conviction, in violation of 8 U.S.C. § 1326(a) and (b)(1). The district court
applied a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) (2015)
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Date Filed: 05/02/2017
because Arevalo’s prior deportation occurred after a felony conviction for a
crime of violence, namely, Texas burglary of a habitation.
Arevalo argues that in light of Mathis v. United States, 136 S. Ct. 2243
(2016), the Texas burglary statute is not divisible and is overbroad. This
argument is foreclosed. United States v. Uribe, 838 F.3d 667 (5th Cir. 2016),
cert. denied, 2017 WL 661924 (Mar. 20, 2017) (No. 16-7969).
In addition, Arevalo argues for the first time on appeal that the state
court record submitted in the district court did not show that he was convicted
under the subsection of the Texas burglary statute that supports such an
enhancement, Texas Penal Code § 30.02(a)(1). We review this issue for plain
error. See United States v. Herrera-Alvarez, 753 F.3d 132, 135-36 (5th Cir.
The supplemental record shows that there was no error, plain or
otherwise. See United States v. Fernandez-Cusco, 447 F.3d 382, 386-88 (5th
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